On The People Of The Rules And Regulations Of The Mining Rights

Mining right derives from mineral resource proprietary right. Deriving from mineral resource proprietary right, it has distinct property attribute and belongs to a kind of real property. The mining industry right is a very important civil right that has a huge influence on the whole country, but the attention paid by the jurist is just disproportionate with its importance. The protection to the entitled person is not so good that there is an urgent need to clear its legal nature. Its law relation contains subject, object and substance, as mining right's object, mineral resource has consumable, no reconstituted, distribute asymmetrical and secluded characters, which make it great difference from other material right. Mining right obtain can be divided into original obtain and successive obtain. Mining right transaction circulates in first class markets which transaction is original transaction and second class markets which transaction is the second transaction. Many of first class markets are monopolized. In the second transaction, when cessionary makes over his mining right, they must make registration of real property. Obviously, there has definite right conflicts among mining right and mining right and land right, which should be settled by legislation in the future. When obtaining and transacting mining right, righter can't infringe public interest and the third party.According to the study of foreign mining right legislation, theory of mining right and study of our country mineral resource law, this paper present mining right obtain and transaction on our country mining right legislation system, and improvements of solving conflicts of mining right and public interests.